Does anyone have any local attorneys they would recommend that have experience in creating these types of partnership operating agreements and setting up partnership structures like you mention that mitigate liability and financial risk for situations that must involve mortgages among partners?
My wife and I are about 60 days from completing construction of our WaterColor home. We had just begun testing the waters for potential partners (after spending many months researching and putting together our partnership plans) when Sam & Casey contacted us to express their interest. We met with them at WaterColor about 10 days ago to show them our home. Ultimately Sam and Casey were more interested in having a house directly across the street from Camp WaterColor in Phase 2, whereas our house is located in Phase 3 (which we absolutely love). But Sam and Casey obviously believe, as we do, that forming a partnership is good way to go and provides many obvious advantages.
For our partnership agreement, we retained the leading attorney in the field of Vacation Home Co-Ownership (Andrew Sirkin, of Sirkin Paul Associates). Eighty percent of Mr. Sirkin's business comes from writing vacation home co-ownership contracts. We spent a lot of time and substantial $$$ in consultation with Mr. Sirkin... and ultimately recieved a comprehensive customized partnership agreement that addresses virtually every conceivable contingency based on his years of expertise in this field. We've since had three potential partners, who are also attorneys, who reviewed the document and were impressed with the detailed nature of the document and were satisfied that it comprehensively addressed every issue.
If anyone is considering developing a vacation home partnership such as ours, I highly recommend Mr. Sirkin's service (see more at
www.TICLawyers.com).
One of the things that Mr. Sirkin told us was, contrary to everyone's concern about financing in these partnership agreements, that he rarely sees problems in this regard. If the partnership agreement is properly structured (which ours is), it addresses all of those contingencies. Interestingly, Mr. Sirkin said the most frequent problem that he sees is minor bickering reagrding decorating and furniture being rearranged by other partners. And this is exactly what several friends and aquaintenances of mine who own vacation homes with partners report (of course, our partnership agreement also addresses these issues in detail as well).
The bottom line is that vacation home co-ownership is not a new phenomona. People have been doing it for decades... and smart attorney's have developed refined agreements to insure that they operate smoothly. Partnerships are becoming more and more prevalent because it just makes good sense to share usage and expenses on a property that you will only use part time.
I wish Sam and Casey the best of luck in putting together their partnership. By splitting expenses such as Taxes, Insurance, Maintenance, Repairs, and HOA fees among, for example, four equal partners... it ultimately makes ownership in premier communities such as WaterColor more reasonable and affordable, and within the reach of many who may otherwise not be able to own such a fantastic vacation home.
Another thing that I like about it is that it keeps us from having to rent out the home. While there seems to be many people who are quick to criticize having partners in a vacation home (while not really having any experience or knowledge on the subject)... having a home that you must rent out to make ends meet is a much more undesirable option to me. I've done it before and I don't want to do it again. I want to be able to use the property... not feel like I'm costing myself money by using it in the high season when I could be renting it. Dealing with bad rental management companies who take exorbitant commissions for inferior service, and renting to tenants who destroy your property with no repurcussions (because the management company doesn't want to alienate a "good repeat customer")... are all things that I can choose to do without this time.
I plan to enjoy using my home in WaterColor... not getting stressed out over constant damage by renters every time I go on vacation. And since wear and tear is ultimately going to occur even with partners, I like the idea that I'll be sharing the costs with my partners and not footing the bill 100% by myself. Of course, sharing the expenses is not just limited to wear and tear. Consider that you'll need to paint the exterior of the house every 5 years (or less if you don't use good quality paint and a good painting contractor). Depending on your financial situation, this can be an expensive proposition if you must pay for 100% of the cost. Or it can be easy to handle if you're sharing the cost with partners. Even better, if you have a good partnership agreement and a properly run LLC, you'll be escrowing funds into a Maintenance and Repair account so that when these expenses come due, you'll already have the cash available and you won't even feel the pain of having to write large check.
Indeed, a properly structured and operated partnership can make ownership and usage of your vacation home much less stressful than owning the home wholly on your own. And... all the while... the home will continue to benefit from long-term appreciation as well as any other home in WaterColor (which may not be the case with products like fractionals such as the PRC).
By the way, this is NOT a fractional or timeshare. The term "Fractional" essentially refers to creating several smaller "fractional" deeds instead of having only one deed to a property. St. Joe doesn't allow fractionals other than their PRC. Anyone who calls it a fractional or timeshare doesn't know what they're talking about.
This is not any different than 4 college buddies buying a vacation home together... with the exception that we're not necessarily all college buddies. Instead we may just be people who share the same affinity for WaterColor. Because we're not necessarily best friends, it can actually make for a stronger partnership because it can be operated more professionally and less emotionally.
More important than the issue of how to finance the property... is simply the desire and will (and decision) to own in WaterColor. Once you've made the decision that you want to own and vacation in WaterColor for years to come... then you can begin to look at your different alternatives. If you can afford a home wholly on your own... then this discussion is probably not applicable to you. The PRC has been mentioned many times before, and I personally believe that partnering in a custom home is a much more desirable alternative versus a buying into a 2 BR condo (think re-sale here).
So if you want to own in WaterColor... and either cannot, or do not want to, buy wholly on your own... and aren't interested in a condo or a PRC fractional... then partnering is a logical, reasonable, and viable alternative.
And if you've decided that a partnership makes sense to you, you can try to put together your own small group to buy a property. Or, if you're lucky enough to know of an existing partnership group with an opening (such as ours in Phase 3, or Sam & Casey's plan to do something in Phase 2), then maybe you can get in on it.
If you do your due diligence in reviewing any partnership that you are considering... then you always have the option of NOT going through with it if you (or your attorney) feel that that particular partnership is not right for you.
I would advise those who are interested to not listen to the many who make off the cuff remarks without having any experience with what they're talking about. Do your own investigation and make an informed decision.
Our partnership already has an awesome home ready to be viewed by potential partners, the financing is already in place, and every issue has been addressed in detail in our partnership agreement. If you have interest, I invite you to visit
www.129Bluejack.com, and/or contact me for more information...
Wayne@Strobel.com or PM me.
Thanks,
Wayne Strobel